{"version":1,"type":"rich","provider_name":"Libsyn","provider_url":"https:\/\/www.libsyn.com","height":90,"width":600,"title":"When Is Sexual Harassment \u201cIn the Course of Employment\u201d?","description":"In this episode 254 of the employment law and HR podcast I cover a recent Employment Appeal Tribunal decision that sheds light on a vital question for employers: In this episode we cover: When is an employer responsible for the actions of an employee who sexually harasses a colleague? This case involved a hospitality recruitment agency and a worker (AB) who was sexually harassed by a colleague (CD) while travelling in his car. The central legal issue was whether the colleague\u2019s conduct could be said to have taken place \u201cin the course of employment\u201d under section 109 of the Equality Act 2010 a key factor in determining whether the employer was legally liable. The Employment Tribunal originally found that, although harassment had occurred, the agency was not liable, as the harasser was not \u201cacting in the course of his employment\u201d at the time. However, the Employment Appeal Tribunal (EAT) found that the Tribunal had not properly applied the test for what counts as an \u201cextension of employment\u201d and sent the case back to be reconsidered.   What Went Wrong at the Tribunal? The Tribunal accepted that serious sexual harassment took place but concluded that: The harasser was not working or carrying out duties at the time; The lift to work had not been arranged or approved by the employer; and The employer could not have known about the encounter. The Employment Appeal Tribunal disagreed, highlighting that the Tribunal had failed to consider several important factors, such as: The ongoing work-related connection between the parties (including prior lifts to jobs); The harasser\u2019s work messages, sent during his shift, that were sexually inappropriate; and The claimant\u2019s genuine belief that she was travelling for work when the incident occurred. These could all point to the events being an \u201cextension of the workplace\u201d \u2014 and therefore potentially within the \u201ccourse of employment\u201d.   Why This Matters for Employers This judgment is a reminder that liability for harassment is not confined to the four walls of the workplace. If there is a sufficient connection between the conduct and work, such as communication during work hours, travel to or from work, or employer-organised events, the employer could still be found responsible.   Key Takeaways Think beyond the workplace. Harassment at social events, during work travel, or over work-related messaging platforms may still fall \u201cin the course of employment.\u201d Risk Assess. Carry out a risk assessment to identify risk areas in your organisation and take mitigating steps accordingly. Review policies and training. Clear boundaries and reporting procedures for off-site conduct can reduce risk. Take complaints seriously. In this case, the Tribunal noted concern that the employer had done little to support the claimant or investigate the alleged harasser while a police inquiry was ongoing. Context is everything. Whether an act is \u201cin the course of employment\u201d will always depend on the facts but employers are expected to take a proactive stance in preventing and addressing harassment.   You can read the full judgement here: https:\/\/www.gov.uk\/employment-appeal-tribunal-decisions\/ab-v-grafters-group-ltd-ta-csi-catering-services-international-2025-eat-126   Duty to take steps to prevent sexual harassment All employers, regardless of size and resources, now have a legal obligation to take steps to prevent sexual harassment. One of the steps you need to take is to train your employees on what sexual harassment is and standards of conduct required. We have a range of training options available to you, including our DIY employee training which is available for \u00a315 plus VAT per person. If you want to \u2018bulk buy\u2019 50 or more places we have a discount code available please do not hesitate to get in touch. You can access the training here: https:\/\/employment-law-hr-advice.teachable.com\/ We also have full DIY resources for employers here: The prevention of Sexual Harassment at work Don\u2019t forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch \u2013 we are here to help.   Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email alison@realemploymentlawadvice.co.uk   Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as \u00a3234 per month please contact me for a no obligation discussion \u2013 alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don\u2019t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https:\/\/www.facebook.com\/zoepanayilaw ","author_name":"The Employment Law & HR Podcast","author_url":"http:\/\/theemploymentlawandhrpodcast.libsyn.com\/webpage","html":"